Within 14 days after the date of service of the notice and claim upon the defendant as provided in ORS 55.045:
(1) If the defendant admits the claim, the defendant may settle it by:
(a) Paying to the court the amount of the claim plus the amount of the small claims fee and service expenses paid by the plaintiff. The court shall pay to the plaintiff the amounts paid by the defendant.
(b) If the claim is for recovery of specific personal property, delivering the property to the plaintiff and paying to the plaintiff the amount of the small claims fee and service expenses paid by the plaintiff.
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a written request to the court in the form prescribed by the court, accompanied by payment of the defendant’s fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the form provided by the court; or
(c) If the amount or value claimed exceeds $750, may demand a jury trial in a written request to the court in the form prescribed by the court, accompanied by payment of the appearance fee prescribed by ORS 51.310 (1)(b) together with the trial fee prescribed by ORS 52.410. The request shall designate a mailing address to which a summons and copy of the complaint may be served by mail. Thereafter, the plaintiff’s claim will not be limited to the amount stated in the claim, though it must involve the same controversy. [1989 c.583 §6; 1995 c.227 §3]Section: Previous 55.020 55.030 55.040 55.045 55.050 55.055 55.060 55.065 55.070 55.075 55.077 55.080 55.090 55.095 55.100 Next
Last modified: August 7, 2008